Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 55---Mandatory injunction, grant of---Plaintiff/bidder had sought a mandatory injunction restraining defendant Bank from disposing of disputed machinery (for which Bank had invited bids) and to dispose of same in accordance with terms and conditions given in public notice issued by Bank for inviting bids---Machinery in question having already been delivered by Bank to successful bidder, mandatory direction to Bank for not dealing with machinery in question had become redundant and infructuous---Successful bidder could also not be restrained from dealing with machinery as no privity of .contract was between plaintiff and successful bidder. (b) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Temporary injunction, grant of---Plaintiff/applicant not only had failed to make out a prima facie case for grant of temporary injunction in his favour, but balance of convenience also did not lie in his favour---Application for grant of temporary injunction was dismissed in circumstances. REASONS The brief facts of the case are that defendant No.1, M/s. United Bank Limited had given an advertisement in the various newspapers (Annexure `A') inviting bids for the purchase of some machinery. Accordingly, a number of parties submitted bids, the plaintiff and defendant No.2 being two of them. However, the bids were not to the satisfaction of defendant No.1. and it did not accept any of them. Subsequent thereto, it called a meeting of all the bidders and informed them of this decision and it was agreed that the participants would be allowed to review or improve their bids latest of 10th November, 1991 and would submit their revised offers by the said date and the said revised bids would be reviewed and considered by the bank by 14th November, 1991 and that the bank reserved its rights to accept or reject any or all of the offers without assigning any reason. Accordingly, letter dated 2nd November, 1991 (Annexure `C') was sent to all the bidders incorporating the above position. Thereafter, the plaintiff submitted his revised bid dated 7th November; 1991 (Annexure `D'). Likewise other bidders also gave fresh bids and,…

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